AUSTIN TX – Texas representative Jason Villalba (R-Dallas), who first made headlines in 2013 for his weird statements on Obamacare, filed a bill on Tuesday that would criminalize filming the police as a private citizen. This proposal is not only an egregious violation of free speech under the United States and Texas Bill of Rights but could be considered an act of defiance to mountains of legal precedent set forth by the Supreme Court of the United States.

The bill seeks to add additional language under the current “INTERFERENCE WITH PUBLIC DUTIES” statute (Sec. 38.15) to limit the activity of filming the police (within 25 feet) to “news media” only, which he defines as…

(A) a radio or television station that holds a license issued by the Federal Communications Commission;

(B) a newspaper that is qualified under Section 2051.044, Government Code, to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news or public affairs; or

(C) a magazine that appears at a regular interval, that contains stories, articles, and essays by various writers, and that is available and of interest to the general public in connection with the dissemination of news or public affairs.

It’s no coincidence that internet based news sites are conveniently missing from his list of “approved media,” but more importantly, private citizens are completely excluded from being news media under the proposed definition, a right which was affirmed by the United States Court of Appeals for the First Circuit, Glik v. Cunniffe. The Landmark case ruled that…

a private citizen has the right to record video and audio of public officials in a public place

The decision further states…

… “we have previously recognized that the videotaping of public officials is an exercise of First Amendment liberties” and held that Glik had a constitutional right to videotape a public official in a public place. The court noted that this right was not limited to, but a right of all citizens, subject to reasonable limitations of time, place and manner. It was clear in the current case that none of those limitations applied.

Second, the court looked at whether the right to videotape was clearly established at the time of the arrest. The court had “no trouble concluding that ‘the state of the law at the time of the alleged violation gave the defendant[s] fair warning that [their] particular conduct was unconstitutional.'” (brackets in original) The court noted that some constitution violations are “self-evident” and the right to film public officials in a public place was clearly established a decade prior to Glik’s arrest.

If violating the first amendment wasn’t enough for this authoritarian wannabe, Villalba decided to throw in some restrictions on the second amendment as well. His bill allows for anyone to be armed within a 100 foot radius of a police officer, however, the second you whip out your smart phone and start recording an officer (potentially abusing their power) while in possession of a handgun, you would instantly be considered a criminal. The proposed verbiage is as follows…

(1) filming, recording, photographing, or documenting the officer within 25 feet of the officer; or

(2) filming, recording, photographing, or documenting the officer within 100 feet of the officer while carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code.

(g) It is a defense to prosecution for an offense under Subsection (a)(1) based on conduct described by Subsection (f)(2) that the interruption, disruption, impediment, or interference was caused by a person who, at the time of the offense, was:

(1) a news media employee acting in the course and scope of the person’s employment; or

(2) employed by or working with an organization or entity engaged in law enforcement activities.

Thanks in large part to the smart phone revolution, the majority of individuals are armed with some sort of recording device that can capture video images of police activity, for better or for worse. This technology, coupled with social media allows individuals to share information that traditional media couldn’t possibly capture live, and share with the entire world with just a few taps on their phone. Websites such as PhotographyIsNotaCrime.com and The Free Thought Project have captured the market on police accountability reporting, thanks in large part to average citizens filming police officers who are simply acting outside their authority, or in some cases, committing crimes against humanity.

So, at a time when police are becoming more militarized and more aggressive, it’s not surprising that corrupt politicians want to hide the immoral behavior of their hired guns. I mean, to quote one of the governments favorite lines, ‘if they have nothing to hide, they should have nothing to fear’, right? I personally do not believe this bill has a chance of advancing to becoming law, but the mere fact that this was trotted out is a look into the minds of these socioopaths who want to rule you and control you.

.@JasonVillalba ‘a little’ as in 100ft if armed & not a member of the dinosaur media? The NAZI party called they want their policies back

About Brett Sanders

Brett Sanders is a liberty activist, Bitcoin advocate, voluntaryist and investigative journalist based in the Dallas-Fort Worth area. His work has been featured on CBS 11, Photography Is Not a Crime, CopBlock.org, and TheLibertyBeat.com

Brett, I’m a liberty activist also, but in the interest of good and fair journalism, was this state representative contacted for statement prior to publishing this story? It’s nearly impossible to draw any meaningful conclusions without hearing him defend what he seems to be trying to do here. Might have made your article a lot more powerful. Just a suggestion.

Brett Sanders

I don’t care much for WHY he wants to propose this bill, I care more that he is proposing this bill

jackobean

it’s wrongheaded on it’s face, and is contrary to open, law-abiding GOVERNMENT. Unseat this asshole.

Robert Burnett

I to just read the bill, it is insanity by Jason Villalba and the Police Union thugs that put him up to it.

Peaceful Streets

It doesn’t matter what he has to say. His bill says it all.

Elvin Bishop

Please give me an sample explanation where this proposal makes sense.

actricalian

Glik v. Cunniffe was a Court of Appeals case, not a Supreme Court case. Kindly check the basic facts next time.

Brett Sanders

corrected, thanks

David Gillespie

I was disappointed and surprised by the article so I called the State reps office. After speaking to Michael Blair , I was happy with his assertion that the claims are unfounded. I will however research a bit more before making any decision….

Brett Sanders

You can read the bill, word for word

Linda

Give this man a call? Well, gee, I have tried on a few occasions, left voice mail, emails, wrote on fb and twitter. So far have been deleted from his fb and twitter account. No answer from him either from email or voice mail. So how exactly should my voice be heard? This man does what he wants when he wants it and frankly doesn’t care about his constituents or the people of Texas.

Richard Lord

Dont bother with those who have no honor in my opinion, contact the rest of the republican party in Texas. Maybe some of them honor their oath

Peaceful Streets

Texas cops have illegally arrested members of the Peaceful Streets Project numerous times for filming the police. If this passes the cops would arrest every member of the PSP. Join us if you are in Texas and want to turn the tide against police state thugs like this.

Tyler Ward

I used to follow you on Facebook. When it became obvious your group was more about police hate instead of objective police accountability, I promptly “unliked” your page.

Peaceful Streets

Lions don’t bother themselves with the opinions of sheep.

Tyler Ward

lol, ok.

Barb Ordell

The way I read the excerpt is that the new restrictions only apply to anyone wanting to get withing 25 feet? Brett I don’t see where you’re getting the 100 foot limit?

Brian Mumford

I guess people pulled over in cars can’t film?

Barb Ordell

Good point. Youtube will starve without all that choice footage. Guess I’ll have to disable my dashcam when passing a cop.

Jay

I read it that way as well. However, liberties are lost inch by inch and in this case literally foot by foot. Another thing to note.. if someone is close enough to watch with their eyes (which isn’t illegal) and most that see action by the 5-0 will stop and watch, then filming it is completely a positive thing and harms nothing, but the word of a dishonest cop.

Naomi

This isn’t as concerning to me as House Bill 2006, which he authored, that seeks to remove the conscientious and religious exemptions from the federally recommended vaccine schedule.

Brian Mumford

The powers that shouldn’t be must find either the dumbest, most corrupt, or the most easily coerced members of the legislature to propose such a bill. Jason Villalba should be thrown out of office and exiled to a polar ice cap.

Jay

I read the bill and called. I left a professional message explaining my complete opposition to this bill and will not vote for him in future elections if it passes. His office number is 214-810-2012

Harley Otherworlder Cameron

why not give all the police bodycams perpetually uploading to the cloud.. and if anyone wants to question an officers conduct– just give the officers numbers, incident number etc..if the bodycams worked then im sure no-one would want to film or get within 25feet anyway . if the Police record cloud library was a pay per view service then administration could be easily covered by the villified public purchasing the records, it could probably be covered just by advertising space on the police record cloud library website.-

Vexious

Goosestepping little fascist, Villalba

Difster

That bastard needs to be kicked out of office.

Martin Cohn

Anyone that wants this is anti-liberty and anti-freedom. There is nothing for them to be afraid of if they aren’t breaking the law…right?

Morgan McComb

If you will help me block walk his district we can unseat him! Send me a friend request on FB and follow me on twitter!

Andre Gabriel Esparza

I will, I can get a lot more people than just us

Harry Skip Robinson

As soon as I read the article I knew this guy had to be an attorney. Yep he is. Most attorneys and Judges are fcuking scambags and our government is full of them. We have to stop voting for Attorneys.

Cave Man

there is going to be a whole lot of people headed to Texas to get paid. every case will be won in federal court. false imprisonment. i can see the NRA having a field day with their open carry agenda. interesting to see what happens if it does law pass.

Brett Sanders

He holds a special place in my heart 😉

Brett Sanders

approved

Brett Sanders

approved

Robert Burnett

This fool would restrict the rights of the 1st and Second amendment. Since when does using a right make you a second class citizen?

anyone voting for any of his bills should be run out of texas by a mob of voters with cameras. Our police Unions need to be shut down, now.

Tyler Ward

Of course HLM, but the PSP is a police hate group, pure and simple. I’m all for accountability. I knew PSP was not a group I wanted to be part of when, like the majority, they had already tried and convicted Darren Wilson of the killing of Michael Brown before the facts were even out. Turns out, that whole mess was based on a lie. There was no “hands up, don’t shoot”….. imagine that? The DoJ has completely exonerated the officer. Has the PSP apologized for their vitriolic comments while the investigation was still going on? If they have, then I stand corrected. I highly doubt it, however.

HLMencken

How is filming police officers and passing out cameras in low income neighborhoods “hate”? Are you referring to the obvious disdain Antonio Buehler holds for the police? The guy was leaning on the tailgate of a pickup truck filming the police, was assaulted, charged with a felony (based most likely on a lie), became an activist, was charged many more times…completely acquitted after years of court dates and lawyer fees… I think he’s entitled to be critical of the police. In fact, it’s his right. And he is a hero for doing so. A lot of people jumped the gun, so to speak, with the Wilson shooting. But let’s look at the reason citizens are so quick to cry foul and “police brutality”.

…thug tactics, blatant disregard for the constitution and civil rights, racial profiling, incessant war on plants, SWAT raids for non-violent offenses, failure to uphold their own oath of position, etc., etc., and more importantly, their near total silence on the issue. If people really do hate cops, then maybe they should clean up their act.

Making vitriolic comments is not the same as assaulting, violating, harassing, and shooting people. It is, in fact, protected speech and a form of protest. As long as the police continue to murder, we can make all the damned vitriolic comments we want! I’m sorry if that makes you feel uncomfortable, but it’s called freedom, and I choose to use it because not many others do.

Tyler Ward

Sure, you have the freedom to make all the idiotic comments you like. No one can say you don’t have that freedom. IMO, there is a clear difference between wanting accountability and openness from the police, and outright looking for and expecting misconduct. When you set out with the presupposition that all police are bad, that’s when I call you a police hate group, and in my experience with them, that is what the PSP does. I finally un-joined their FB page shortly after the Michael Brown shooting when it became apparent that the PSP had condemned the officer involved before the investigation had even started. In other words, facts didn’t matter. That’s when they proved they weren’t a credible group.

HLMencken

“When the police set out with the presupposition that all citizens are bad, that’s when I call you a citizen hate group, and in my experience with them, that is what the police do.”

Tyler Ward

Really? What evidence have you? Are police groups putting out vitriolic ads and comments in their groups against citizens like the PSP and CopBlock do against them? No.